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05.25.2021- Complete Agenda PacketAmended Town of Trophy Club Meeting Agenda Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 May 25, 2021 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Fleury INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes  PLEDGES led by Council Member Sheridan Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made to the Council.  Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak via the Pubic Portal or have completed the Speakers Form.You may also email mayorandcouncil@trophyclub.org PROCLAMATION(S) 1.Take appropriate action regarding Proclamation 2021­14 recognizing the patriotic meaning of Memorial Day. (Council Member Monger) ANNOUNCEMENTS AND REPORTS 2.Report from Trophy Club Women’s Club on the First Mother’s Day Art and Garden Festival. (Mayor Fleury)  3.Parks & Recreation Board Meeting Update. (T. Nimphius, Chair) CONSENT AGENDA All matters listed under consent agenda are considered routine by the Town Council and will be enacted by one motion.  No separate discussion of these items will be held. Items removed from the consent agenda will be considered individually. 4.Take appropriate action regarding the Regular Town Council Meeting Minutes dated May 11, 2021. (L. Vacek) 5.Take appropriate action regarding Ordinance 2021­10 amending the Rules of Procedure by removing Section 1.03.035 (d) which allows Council to submit edits up until the Agenda posting; amending Section 1.03.035(a) as follows “Draft Agendas are to be emailed to Council at a minimum of 1 week prior to the Regular Town Council Meeting” and removing Section 1.03.036(h) to match the Town Charter as accomplished by the Charter Amendment Election related to abstentions. (L. Vacek) INDIVIDUAL ITEMS 6.PUBLIC HEARING – Case SUP­21­004 (Aloft Alcohol On­Premises) (L. Payne)  a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for On­premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive.  b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for On­premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive.  7.PUBLIC HEARING – Case SUP­21­005 (Aloft Alcohol Off­Premises) (L. Payne)  a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for Off­premises consumption to be sold from the Aloft Market, located at 96 Trophy Club Drive. b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for Off­premises consumption to be sold from the Aloft Market, located at 96 Trophy Club Drive. 8.Case ME­21­001 (Aloft Porte Cochere Sign) (L. Payne)  Take appropriate action regarding a request for a Meritorious Exception for a proposed porte cochere sign at Aloft Hotel within Planned Development No. 30, located at 96 Trophy Club Drive.  9.Case PP­21­001 (The Aspen Estates at Trophy Club) (L. Payne)  Take appropriate action regarding a request for a preliminary plat containing 3.370 acres of land located south of Trophy Club Drive, approximately 230 feet east of Bobcat Boulevard and approximately 20 feet west of Mossman Lane.  10.Take appropriate action approving Pool Fees associated with Non­Residents’ use.  (T. Jaramillo) 11.Take appropriate action regarding Ordinance 2021­11 amending various Fee Schedules for the Town of Trophy Club. (W. Carroll)  EXECUTIVE SESSION 12.Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). (Mayor Fleury) a) Section 551.071 Consultation with Attorney – Status of Issues about Steve Norwood. RECONVENE INTO REGULAR SESSION 13.Take appropriate action regarding Executive Session. ADJOURN  One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, May  21, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If  you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Amended Town of Trophy ClubMeeting AgendaTown Council 1 Trophy Wood DriveTrophy Club, Texas76262May 25, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakershave up to four (4) minutes or the time limit determined by the Presiding Officer.Each speaker must have submitted their request to speak via the Pubic Portal orhave completed the Speakers Form.You may also emailmayorandcouncil@trophyclub.orgPROCLAMATION(S)1.Take appropriate action regarding Proclamation 2021­14 recognizing the patrioticmeaning of Memorial Day. (Council Member Monger)ANNOUNCEMENTS AND REPORTS 2.Report from Trophy Club Women’s Club on the First Mother’s Day Art and Garden Festival. (Mayor Fleury)  3.Parks & Recreation Board Meeting Update. (T. Nimphius, Chair) CONSENT AGENDA All matters listed under consent agenda are considered routine by the Town Council and will be enacted by one motion.  No separate discussion of these items will be held. Items removed from the consent agenda will be considered individually. 4.Take appropriate action regarding the Regular Town Council Meeting Minutes dated May 11, 2021. (L. Vacek) 5.Take appropriate action regarding Ordinance 2021­10 amending the Rules of Procedure by removing Section 1.03.035 (d) which allows Council to submit edits up until the Agenda posting; amending Section 1.03.035(a) as follows “Draft Agendas are to be emailed to Council at a minimum of 1 week prior to the Regular Town Council Meeting” and removing Section 1.03.036(h) to match the Town Charter as accomplished by the Charter Amendment Election related to abstentions. (L. Vacek) INDIVIDUAL ITEMS 6.PUBLIC HEARING – Case SUP­21­004 (Aloft Alcohol On­Premises) (L. Payne)  a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for On­premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive.  b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for On­premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive.  7.PUBLIC HEARING – Case SUP­21­005 (Aloft Alcohol Off­Premises) (L. Payne)  a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for Off­premises consumption to be sold from the Aloft Market, located at 96 Trophy Club Drive. b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for Alcoholic Beverage Sales for Off­premises consumption to be sold from the Aloft Market, located at 96 Trophy Club Drive. 8.Case ME­21­001 (Aloft Porte Cochere Sign) (L. Payne)  Take appropriate action regarding a request for a Meritorious Exception for a proposed porte cochere sign at Aloft Hotel within Planned Development No. 30, located at 96 Trophy Club Drive.  9.Case PP­21­001 (The Aspen Estates at Trophy Club) (L. Payne)  Take appropriate action regarding a request for a preliminary plat containing 3.370 acres of land located south of Trophy Club Drive, approximately 230 feet east of Bobcat Boulevard and approximately 20 feet west of Mossman Lane.  10.Take appropriate action approving Pool Fees associated with Non­Residents’ use.  (T. Jaramillo) 11.Take appropriate action regarding Ordinance 2021­11 amending various Fee Schedules for the Town of Trophy Club. (W. Carroll)  EXECUTIVE SESSION 12.Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). (Mayor Fleury) a) Section 551.071 Consultation with Attorney – Status of Issues about Steve Norwood. RECONVENE INTO REGULAR SESSION 13.Take appropriate action regarding Executive Session. ADJOURN  One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, May  21, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If  you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Amended Town of Trophy ClubMeeting AgendaTown Council 1 Trophy Wood DriveTrophy Club, Texas76262May 25, 2021 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Council Member SheridanPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakershave up to four (4) minutes or the time limit determined by the Presiding Officer.Each speaker must have submitted their request to speak via the Pubic Portal orhave completed the Speakers Form.You may also emailmayorandcouncil@trophyclub.orgPROCLAMATION(S)1.Take appropriate action regarding Proclamation 2021­14 recognizing the patrioticmeaning of Memorial Day. (Council Member Monger)ANNOUNCEMENTS AND REPORTS2.Report from Trophy Club Women’s Club on the First Mother’s Day Art and GardenFestival. (Mayor Fleury) 3.Parks & Recreation Board Meeting Update. (T. Nimphius, Chair)CONSENT AGENDAAll matters listed under consent agenda are considered routine by the Town Council andwill be enacted by one motion.  No separate discussion of these items will be held. Itemsremoved from the consent agenda will be considered individually.4.Take appropriate action regarding the Regular Town Council Meeting Minutes datedMay 11, 2021. (L. Vacek)5.Take appropriate action regarding Ordinance 2021­10 amending the Rules ofProcedure by removing Section 1.03.035 (d) which allows Council to submit edits upuntil the Agenda posting; amending Section 1.03.035(a) as follows “Draft Agendas areto be emailed to Council at a minimum of 1 week prior to the Regular Town CouncilMeeting” and removing Section 1.03.036(h) to match the Town Charter asaccomplished by the Charter Amendment Election related to abstentions. (L. Vacek)INDIVIDUAL ITEMS6.PUBLIC HEARING – Case SUP­21­004 (Aloft Alcohol On­Premises) (L. Payne) a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a SpecificUse Permit for Alcoholic Beverage Sales for On­premises consumption in conjunctionwith a restaurant use, located at 96 Trophy Club Drive. b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific UsePermit for Alcoholic Beverage Sales for On­premises consumption in conjunction witha restaurant use, located at 96 Trophy Club Drive. 7.PUBLIC HEARING – Case SUP­21­005 (Aloft Alcohol Off­Premises) (L. Payne) a.  Conduct a Public Hearing regarding a request made by Aloft Hotel for a SpecificUse Permit for Alcoholic Beverage Sales for Off­premises consumption to be soldfrom the Aloft Market, located at 96 Trophy Club Drive.b.  Take appropriate action regarding a request made by Aloft Hotel for a Specific UsePermit for Alcoholic Beverage Sales for Off­premises consumption to be sold from theAloft Market, located at 96 Trophy Club Drive.8.Case ME­21­001 (Aloft Porte Cochere Sign) (L. Payne) Take appropriate action regarding a request for a Meritorious Exception for a proposedporte cochere sign at Aloft Hotel within Planned Development No. 30, located at 96Trophy Club Drive. 9.Case PP­21­001 (The Aspen Estates at Trophy Club) (L. Payne)  Take appropriate action regarding a request for a preliminary plat containing 3.370 acres of land located south of Trophy Club Drive, approximately 230 feet east of Bobcat Boulevard and approximately 20 feet west of Mossman Lane.  10.Take appropriate action approving Pool Fees associated with Non­Residents’ use.  (T. Jaramillo) 11.Take appropriate action regarding Ordinance 2021­11 amending various Fee Schedules for the Town of Trophy Club. (W. Carroll)  EXECUTIVE SESSION 12.Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). (Mayor Fleury) a) Section 551.071 Consultation with Attorney – Status of Issues about Steve Norwood. RECONVENE INTO REGULAR SESSION 13.Take appropriate action regarding Executive Session. ADJOURN  One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, May  21, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If  you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Proclamation 2021-14 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING MAY 31, 2021 AS MEMORIAL DAY; A DAY OF SOLEMN REMEMBRANCE IN TROPHY CLUB, TEXAS. WHEREAS, while the nation was still recovering from the horrors of the Civil War, Americans held both formal and informal ceremonies to honor and remember those fallen in battle; and WHEREAS, on May 5, 1868, the Grand Army of the Republic, a Union veterans organization established Decoration Day, May 30, as a time for the nation to decorate the resting places of the dead with flowers; and WHEREAS, the United States Congress in 1972 established the last Monday in May as Memorial Day; and WHEREAS, more than a million men and women have sacrificed their lives for our freedoms and while serving in the United States Military and man more remain missing and in accounted for; and WHEREAS, it is appropriate that the citizens of Trophy Club, Texas remember the bravery of those who gave their lives so that their sacrifices are not forgotten, and continue to serve as a reminder to us of the cost of our freedom. NOW, THEREFORE, I, MAYOR ALICI A L. FLEURY, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM: “MAY 31, 2021 as MEMORIAL DAY IN TROPHY CLUB, TEXAS” In addition, I urge all citizens of the Town to participate in the observance of the day. PASSED AND APPROVED on May 25, 2021 by the Trophy Club Town Council. _______________________________ ________________________________ Leticia Vacek, TRMC/CMC/MMC Alicia L. Fleury, Mayor Town Secretary/RMO May 11, 2021 Page 1 of 4 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Tuesday, May 11, 2021; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, May 11, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 (Outgoing) Dennis Sheridan Council Member, Place 3 (Incoming) Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: Philip Shoffner Council Member, Place 6 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Jill Lind Communications & Marketing Manager Haley Archer Human Resources Manager CALL TO ORDER Mayor Fleury called the meeting to order at 7 PM. INVOCATION: Pastor Joel Quilé, Bara Church, delivered the Invocation. He thanked our Heavenly Father for the rain to replenish our land. He prayed that we love and treat one another with acts of kindness that will renew all the weary and dry hearts. He asked for blessings over the Council Members, Town Leaders, First Responders, and all those that live in Trophy Club, for protection and peace to reign over the Community, to be good neighbors, loving friends, good citizens and for the gift of Life. PLEDGES: Council Member Wilson led the Pledges to the American Flag and Texas Flag. PUBLIC COMMENT(S): Mayor Fleury asked if anyone had registered to speak. Town Secretary Vacek confirmed there were no speakers for Public Comment. ANNOUNCEMENT(S) AND REPORT(S): 1. Presentation of Service Award to Council Member Sean Bone, Place 3. (Mayor Fleury) Council Member Bone thanked the Trophy Club Citizens for their support while he served on the Town Council. He recognized and thanked his lovely wife, Mindi, for her support while he served in this position. He stated it had been an honor and pleasure to serve Trophy Club, to give of his time and deliberate with the Council Members. He added May 11, 2021 Page 2 of 4 that he was extremely grateful for that season. He shared that even though he is excited to have his term end, he felt the Town has come together through some difficult times, like COVID-19. He added he looked forward to seeing what this Town Council will provide to the Community. Mayor Pro Tem Lamont thanked Council Member Bone for his service and wished him and Mindi all the best. Council Members Geraci, Monger and Wilson echoed the same sentiments. Mayor Fleury thanked Council Member Bone for his service to the Town and added she would miss Sean’s wit and humor. Mayor Fleury presented Council Member Bone with a Crystal Award. 2. Presentation of Certificate of Election and Ceremonial Oath of Office; Swearing-In of Council Member Karl Monger, Place 4 and Council Member Dennis Sheridan, Place 3. (Mayor Fleury) Mayor Fleury read and ceremonially administered the Oath of Office to Council Member Sheridan, Place 3 and Council Member Monger, Place 4. Council Members Geraci, Wilson, and Mayor Pro Tem Lamont welcomed Council Member Monger back in serving another term as well as welcomed Council Member Sheridan to the Town Council. Council Member Monger welcomed Council Member Sheridan to the Council. Council Member Sheridan thanked everyone for their support. Mayor Fleury added her congratulations to Council Members Monger and Sheridan. Mayor Fleury addressed Items #5, #6 and #7 at this time. 7. Issuance of Proclamation 2021-11 proclaiming the month of May 2021 as Mental Health Awareness Month. (Mayor Fleury) Mayor Fleury read and moved to approve Proclamation 2021-11. Council Member Monger seconded the motion. The motion carried as follows: AYE: Wilson, Sheridan, Monger, Geraci, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Shoffner 5. Issuance of Proclamation 2021-09 proclaiming May 9 through May 15, 2021 as Police Week and May 15, 2021 as Peace Officers’ Memorial Day. (Mayor Fleury) Mayor Fleury read and moved to approve Proclamation 2021-09. Mayor Pro Tem Lamont seconded the motion. The motion carried as follows: AYE: Wilson, Sheridan, Monger, Geraci, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Shoffner 6. Issuance of Proclamation 2021-10 proclaiming the designation of “Trophy Club – The #1 Safest City in Texas” by the Report from Safest Cities in Texas for 2021. (Mayor Fleury) Mayor Fleury read Proclamation 2021-10 and made her way to the podium where she presented each proclamation. A vote of the Council approving said item was taken after the conclusion of Item 3 Update. Mayor Fleury presented Proclamation 2021-11 to Dr. Lisa Pierce, Denton County Behavioral Health Leadership Team. Dr. Pierce thanked the Town of Trophy Club in collaborating and raising mental health awareness within the Community. She stated that mental health is very treatable and shared that one in five teenagers will experience a severe health crisis. Mayor Fleury thanked Dr. Pierce for the work her Team is providing in raising awareness. After the photo; Dr. Pierce thanked Mayor Fleury and the Council. May 11, 2021 Page 3 of 4 Mayor Fleury presented Proclamation 2021-09 to Chief Arata and the Trophy Club Police Department for Police Week. After the photo with the Trophy Club Police Officers; Mayor Fleury thanked Chief Arata and Police Officers for their fine work. Mayor Fleury presented Proclamation 2021-10 to Chief Arata, the Trophy Club Police Department, and the TCEVA Volunteers. Mayor Fleury thanked Chief Arata for his leadership in keeping Trophy Club a safe community and commented on Trophy Club’s privilege to have him serve as the Chief of Police. She also thanked all the TCEVA Volunteers for being present. A photo was taken with the Trophy Club Police Officers and the TCEVA Volunteers. 3. Parks and Recreation Board Meeting Update. (T. Nimphius, Chairwoman) Mrs. Nimphius gave a brief update regarding their April 29, 2021 Parks and Recreation Board Meeting. The Recreation Update included the Community Pool’s diving board being replaced; the guard stands and starting blocks have been ordered; and all winter storm issues have been repaired to date. The Swim Team Program will participate in the Regional and State Meets. Swim lessons will be available, and the Community Pool is scheduled to open on May 29, 2021. She reported that the planning stages have begun for the Town’s Fourth of July Event, with staff receiving $9,000 in pledges to date. She added that Goat Yoga is scheduled at Independence Park East on May 30, 2021 from 10 – 11 AM. The Parks Department is working on removing and replacing the damaged shrubs in the medians, which will take some time to complete. Sports Agreement discussions are in progress and would be placed as a future agenda item. Pool fees were discussed with a unanimous recommendation to open the pool to non- residents. Resident fees will remain while the non-resident pool fees will be determined. She mentioned an increase for non-residents for the use of Trophy Club Park. Mayor Fleury reminded everyone of the Town’s Upcoming remembrance on May 31, 2021 Memorial Day Commemoration at Medlin Cemetery at10 AM. She thanked Mrs. Nimphius for the update. At this time, Town Secretary Vacek asked Mayor Fleury for a motion and second to be stated and read into the record for Proclamation 2021-10. Mayor Fleury moved to approve Proclamation 2021-10. Council Member Geraci seconded the motion. The motion carried as follows: AYE: Wilson, Sheridan, Monger, Geraci, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Shoffner 4. Summary of Community Clean-Up held April 24, 2021. (S. Norwood) Mr. Norwood reported the event was reviewed thoroughly, with multiple issues noted, such as a Car Show on TW King, last year’s Clean-Up being cancelled, perfect weather which brought forth 340 cars, where as in the past, participation was around 200 vehicles, and Voting ongoing at Town Hall. Staff has reached out to NISD for a possible new location at Byron Nelson High School; Staff will mark the routes for the entrance and exit to help with traffic flow prior to the morning of the Clean-Up. Additionally, hold this event twice a year increasing from two to four hours each time. Staff will also reach out to neighboring cities to confirm if any large events are scheduled the same day. As of now, the next Community Clean-Up Event will be scheduled in October 2021. Mayor Fleury commented these recommended measures should help make the future event run much smoother. CONSENT AGENDA: Mayor Fleury highlighted the two vacancies on the Zoning Board of Adjustment (ZBoA), and shared that Nick Sanders has graciously agreed to serve where needed and the Resolution will appoint Mr. Sanders to the ZBoA as Chair. On Item 11, Mayor Fleury thanked Ad Hoc Committee Members Megan Keohen, Dave Dickson, Jeffrey Beach, Dr. Sarah Collins and LuAnn Oldham, who have all accepted their appointments. She noted that Dr. Collins serves as an Instructor for Internal Medicine at UT Southwestern Medical Center and has vast knowledge in Grants and Funded Research. Ms. LuAnn Oldham is a retired Real Estate Specialist from the City of Denton, with numerous acquisitions and dispositions on municipal transactions, and previously served on the Trophy Club Planning and Zoning Commission. May 11, 2021 Page 4 of 4 8. Take appropriate action regarding the Town Council Meeting Minutes dated April 27, 2021. (L. Vacek) 9. Take appropriate action regarding the acceptance of the Second Quarter Investment Report for Fiscal Year 2021. (M. Erwin) 10. Take appropriate action regarding Resolution 2021-02 appointing Nick Sanders to serve as Chairman of the Zoning Board of Adjustment. (Mayor Fleury) 11. Take appropriate action to approve the nominees of the Connectivity Ad Hoc Committee. (Mayor Fleury) Mayor Pro Tem Lamont moved to approve Consent Agenda Items #8, #9, #10 and #11. Council Member Monger seconded the motion. The motion carried as follows: AYE: Wilson, Sheridan, Monger, Geraci, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Shoffner EXECUTIVE SESSION: 12. Executive Session pursuant to the following sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). a) Section 551.074 Personnel Matters – Annual Review of Town Manager and Consultation with Attorney. (Mayor Fleury) b) Section 551.087 – Economic Development regarding a commercial prospect. (Mayor Fleury) Mayor Fleury recessed the meeting into Executive Session at 7:30 PM. She announced that cake and refreshments were in the back of the room for anyone to enjoy as Council said goodbye to Sean Bone and welcomed Council Members Monger and Sheridan. REGULAR SESSION: Mayor Fleury reconvened the meeting into Regular Session at 9:27 PM. a) Mayor Pro Tem Lamont moved to suspend the Town Manager with pay, and continue working as discussed in Executive Session. Council Member Monger seconded the motion. The motion carried as follows: AYE: Wilson, Sheridan, Monger, Geraci, Mayor Pro Tem Lamont, and Mayor Fleury NAY: None ABSENT: Shoffner b) Mayor Fleury stated no action would be taken on Item b. ADJOURNMENT: Mayor Fleury adjourned the meeting at 9:27 PM. ___________________________________ Alicia L. Fleury, Mayor Attest: _______________________________________ Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2020-172021-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING DIVISION 2, “MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03, “TOWN COUNCIL” OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2, “MEETINGS AND RULES OF PROCEDURE”, OF ARTICLE 1.03, “TOWN COUNCIL”; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS, the Town Council has the authority to generally review and make changes to its procedural rules as it determines appropriate for the orderly conduct of its meetings; and WHEREAS, having reviewed the existing procedures and considering the desire to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” and adopts a new Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” serving the best interests of the Town and will assist with the conduct of orderly and efficient meetings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.1 Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” of the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Division 2, “Meetings and Rules of Procedure,” of Article 1.03, “Town Council” is hereby adopted, so that Division 2, “Meetings and Rules of Procedure shall be and read in its entirety as follows: ORD 2020- 172021-10 Page 2 of 14 ARTICLE 1.03 TOWN COUNCIL Division 2. Meetings and Rules of Procedure Sec. 1.03.031 Authority Pursuant to Section 3.11 of the Home Rule Charter of the town, the Town Council shall determine its own Rules of Procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which reasonable opportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. Sec. 1.03.032 General Rules (a) Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b) Quorum. The governing body of the town consists of a Mayor and six (6) Council Members. Attendance at a council meeting by four (4) of the seven (7) members of the Town Council constitutes a quorum for the purpose of a regular or special meeting. (c) Attendance. As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the Town Council who is unable to attend a Council Meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Written notice to the Town Secretary via email or followed up with an email shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the council of the absence prior to the beginning of the Council Meeting from which the member will be absent or as soon as the Town Secretary receives written notice. (d) Misconduct. The Town Council may punish its own members for misconduct as authorized by state law and town charter. ORD 2020- 172021-10 Page 3 of 14 (e) Minutes of Town Council meetings. An account of all proceedings of the town council shall be maintained by the Town Secretary and shall be entered into a book constituting the official record of the town council. (f) Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (g) Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h) Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council’s parliamentarian. (j) Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k) Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (l) Rules of order. Robert’s Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m) Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. (n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, ORD 2020- 172021-10 Page 4 of 14 provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. Sec. 1.03.033 Types of Meetings (a) Regular meetings. The Town Council shall primarily meet in the council chambers located at 1 Trophy Wood Dr., Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda. (b) Special meetings. Special meetings may be called by the Mayor or by any three (3) members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. (c) Emergency meetings. In case of an emergency or urgent public necessity, an emergency meeting shall be called by the Mayor or by three (3) members of the town council, and shall follow Texas Statutes and be posted accordingly. (d) Recessed meetings. Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. (e) Public hearings. (1) All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2) The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. ORD 2020- 172021-10 Page 5 of 14 Sec. 1.03.034 Presiding Officer/Mayor (a) Designation. The Mayor, if present, shall preside at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro- Tem shall preside. In the absence of both the Mayor and the Mayor Pro- Tem, the Town Council shall elect a Presiding Officer. (b) Call to order. The meetings of the Town Council shall be called to order by the Mayor. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. (c) Preservation of order. The Mayor shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d) Points of order. (1) A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Mayor will decide the question or may refer to the Town Attorney for a ruling. The Mayor’s decision is subject to appeal to the Town Council. (2) A member of the council may appeal a ruling of the Mayor by obtaining the floor and stating, “I appeal the ruling of the Mayor.” The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the presiding officer puts the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the vote is to decide whether the Mayor’s ruling should be sustained. The Mayor is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the Mayor, and the question can be reconsidered. (e) Questions to be stated. The Mayor shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. (f) Substitution of presiding officer. The Mayor may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. Sec. 1.03.035 Order of Business; Agenda ORD 2020- 172021-10 Page 6 of 14 (a) Agenda. The business of each meeting shall be as contained in the agenda in the order established by the Mayor. The Town Secretary is responsible for the preparation of the agenda and providing a draft to the Town Council the topics to be considered each Thursday preceding the Tuesday Council Meeting. The agenda may provide for a work session immediately preceding the Regular Council Meeting in order to allow council discussion and questions related to one or more of the items posted on the Regular Council agenda. At the end of each agenda item, the agenda should specify the first initial and last name of the person(s) adding the item to be considered on the agenda. Draft Agendas are to be emailed to Council at a minimum of 1 week prior to the Regular Town Council Meeting. (b)Presentations by members of Town Council; Future Agenda items. The Future Agenda Items’ List shall provide the Mayor or any two (2) Town Council Members the opportunity to bring an item before the Town Council for consideration at a future meeting. Pursuant to the Town Charter, before any item is placed for discussion and/or action on a future Town Council agenda, a request for its placement on the agenda shall be made by either the Mayor or by any two (2) Council Members. (c) Request for Agenda Item by Mayor/Presiding Officer. The Mayor or a Presiding Officer of a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the Council Agenda for discussion and/or action shall present such request to the Town Manager in writing in the time frame set forth in subsection (d) below. (d)Deadline for Submission of Council Agenda item(s). An item for Town Council consideration shall be submitted to the Town Secretary’s office in writing not later than 5:00 pm on the Monday prior to the 72 hour publication of the meeting agenda. (e) Public Comment by citizens or representative(s) of organized groups. Public Comment by citizens at a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f) Presentation by citizens or representative(s) of organized groups; Agenda Items. For items on the Agenda - Presentations by citizens, with or without ORD 2020- 172021-10 Page 7 of 14 prior notification, shall be limited to a total of six minutes. The speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes prior to the vote. The Mayor shall maintain the time and advise the speaker when his/her time has expired. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker’s form and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record by the Mayor. Topics of presentations should be limited to matters over which the Council has authority. (g) Rules of conduct applicable to citizen’s presentations for agenda items, citizen’s presentations, and for public hearings. (1) Each person addressing the council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2) All citizens shall refrain from private conversations in the chamber while the Town Council is in session. (3) Citizens attending the council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the council meeting, shall be removed from the room if the Chief of Police (or his representative) is directed by the Mayor/Presiding Officer, and such person shall be barred from further audience before the council during that Council Session. (4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Presiding Officer, who shall direct the Chief of Police or his designee to remove such offenders from the room. ORD 2020- 172021-10 Page 8 of 14 (5) In case the Mayor/Presiding Officer shall fail to act, any member of the Town Council may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the Mayor/ Presiding Officer to act. (6) No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (7) The Mayor may issue Proclamations as needed without Council Approval should the proclamation request not satisfy the deadline for placement on the Council Agenda. (h) Written communications to Council. (1) General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town’s business or over which the council has control at any time. (2) Agenda Items. A written communication relative to a Citizen Presentation and an item posted for consideration on a Town Council Agenda may be submitted by direct mail to the council or to the Town Secretary at least four (4) hours prior to the time for commencement of the Town Council Meeting at which the item will be discussed. Upon timely receipt of a communication, the Town Secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. (i) Presentations by Town Manager. Matters requiring the council’s attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the Town Manager for informational purposes only in accordance with Chapter 551 Texas Government Code. (j) Requests for Research or Information. The Mayor and individual councilmembers may request information or research from the town staff on a given topic through the Town Manager who will make all members of council aware of the special request, as it may be of interest to them as well. ORD 2020- 172021-10 Page 9 of 14 Accordingly, the Town Manager will provide the results of the request to all members of council. In the event the Town Manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k) Notification of Significant Activities or Events. The Mayor and councilmembers expect the Town Manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. (l) Seating Arrangement. The Town Manager, Town Secretary, and Town Attorney shall occupy the respective seats in the council chamber assigned to them by the Mayor/Presiding Officer, but any two (2) or more of the Town Council may exchange seats. Sec. 1.03.036 Ordinances, Resolutions and Motions (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the Town Council only in written form. (b) Town Attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. (c) Distribution of Ordinances. The Town Secretary shall include drafts of all proposed ordinances within the agenda packet or provide to all members of the Town Council at the meeting at which the ordinance is introduced. (d) Recording of Votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e) Vote required for Approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the Town Council in attendance. (f) Mayoral Vote. The Mayor shall have a vote on all matters before the council. (g) Conflict of interest. Should any person on the Town Council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare their conflict prior to any discussion of the item, shall have completed the conflict of interest affidavit as required by state law, and have filed it with the Town Secretary,and shall be prohibited from participating in the discussion or vote on the item. ORD 2020- 172021-10 Page 10 of 14 (h) Abstention from Voting. Should any person on the Town Council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person’s vote shall be recorded as a negative vote in the minutes of the council meeting. Sec. 1.03.037 Rules of Decorum (a) Recognition by Mayor/Presiding Officer. No person shall address the Town Council without first being recognized by the Mayor/Presiding Officer. (b) Order. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the presiding officer. Members of the Town Council shall not leave their seats during a meeting without first advising the Mayor/Presiding Officer. (c) Mayor/Presiding Officer may Debate. The Mayor/Presiding Officer may move only to such limitations of debate as are the rights and privileges of a Town Council Member by reason of their acting as the Mayor/Presiding Officer. If the Presiding Officer is engaged in debate and is abusing the position as Presiding Officer, at the insistence of any three (3) Council Members, the Mayor/Presiding Officer member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. (d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address the Mayor/Presiding Officer, and upon recognition by the Mayor/Presiding Officer shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council Member shall cease speaking until the question of order be determined and, if in order, the Town Council Member shall be permitted to proceed. Sec. 1.03.038 Parliamentary Motions and Precedence (a) Discussion of items. The meeting is governed by the agenda and the agenda constitutes the only items to be discussed. Each agenda item shall ORD 2020- 172021-10 Page 11 of 14 be considered open for discussion after that item is read by the Mayor/Presiding Officer. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she “objects to the consideration of the agenda item" during the reading of the item. This action does not require a second. When the objection is made, the Mayor/Presiding Officer will finish reading the item after the objection, then shall immediately call the question: “will the assembly consider this agenda item?” if 2/3 of the members vote “no,” the agenda item will not be considered open. A motion for appropriate action shall be made after discussion of an item has been concluded. (1) The Mayor/Presiding Officer should invite the appropriate people to report on the item, including any recommendation they might have. (2) The Mayor/Presiding Officer should ask the Members if they have any technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3) The Mayor/Presiding Officer should invite resident comments (limited to 4 minutes or a time determined appropriate by the Mayor/Presiding Officer) – or if a public hearing, open the public hearing. Upon conclusion of the public hearing, the Mayor/Presiding Officer should announce the public hearing closed. (b) Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. The Mayor/Presiding Officer should invite a motion from the Members before debate is given on the merits of the item. The Mayor/Presiding Officer should announce the name of the Council Members who makes the motion. (1) A “second” to the motion must be made by another Council Member within a reasonable but brief time period which is determined and recognized by the Mayor/Presiding Officer. The Mayor/Presiding Officer should announce the name of the Member who seconds the motion. If no Members wish to second the motion, then the motion fails, and should be so stated by the Mayor/Presiding Officer. Without a “second” the motion dies. (2) If the motion is made and seconded, the Mayor/Presiding Officer should make certain that everyone (including the audience) understands the motion. This is done in three ways: a. The Mayor/Presiding Officer can ask the maker of the motion to repeat it; b. The Mayor/Presiding Officer can repeat the motion; or c. ORD 2020- 172021-10 Page 12 of 14 The Mayor/Presiding Officer can ask the Town Secretary to repeat the motion. (3) No main motion can be made when another motion is pending. The Mayor/Presiding Officer should now invite the Members to discuss the motion. If there is no desired discussion, the Mayor/Presiding Officer should invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before calling for the vote. (c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Mayor/Presiding Officer. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d) Stating the question. In principle, the Mayor/Presiding Officer must state the question on a motion immediately after it has been made and seconded, unless the Council Member is obligated to rule that the motion is out of order or if the wording is not clear. (e) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f) Debate. Debate must be limited to the merits of the immediately pending question as stated by and by authority of the Mayor/Presiding Officer. (g) Calling for the question by Mayor/Presiding Officer - ending debate. (1) The Mayor/Presiding Officer may “call for the question” without a vote if debate appears to have closed and if there are no objections by any council member. (2) A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two- thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any Council Member or member of the public who is on ORD 2020- 172021-10 Page 13 of 14 record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (3) The Mayor/Presiding Officer calls for the vote. Unless a super- majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4) The Mayor/Presiding Officer announces the results of the vote and should also state what action (if any) the Members have taken. Sec. 1.03.039 Creation of Committees, Boards and Commissions (a) Ad-hoc Committees. The Council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. (b) Citizen Boards, Commissions, Corporations, and other appointed bodies. The Town Council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No body so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with the Town’s Handbook for Appointed and Elected Officials and shall only be modified as provided in the enabling ordinances for each such council appointed body.” SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. ORD 2020- 172021-10 Page 14 of 14 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance Records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. FIRST READING by the Town Council of the Town of Trophy Club, Texas, was held August 25, 2020 April 27, 2021. SECOND READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, September 22, 2020 May 25, 2021. C. Nick Sanders Alicia L. Fleury, Mayor Town of Trophy Club, Texas ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO J. David Dodd III, Town Attorney Town of Trophy Club, Texas Page 1 of 1 To: Mayor Fleury and Town Council From: Leticia Vacek, Town Secretary/TMO CC: Wade Carroll, Acting Town Manager Re: Item 5 Ordinance 2021-10 Agenda Item: Approval of Ordinance 2021-10 amending the Council Rules of Procedure. Strategic Link: Administrative & Financial Services – Provide strong internal and external communications. Background and Explanation: Town Council voted to remove Section 1.03.035(d) from the Rules of Procedure. Council also voted to revise Section 1.03.035(a) to state that “Draft Agendas are to be emailed to Council at a minimum of 1 week prior to the Regular Town Council Meeting.” Lastly, Council Member Sheridan brought forth Section 1.03.036(h), in which Town Attorney Dodd agreed to its removal in order to match the Town Charter relative to abstentions. Financial Considerations: Not Applicable. Legal Review: Reviewed by Town Attorney and direction was provided. Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of the Ordinance with aforementioned revisions/deletions. Attachments: Ordinance 2021-10 Page 1 of 2 To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Wade Carroll, Acting Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-21-004 Town Council Meeting, May 25, 2021 Agenda Item: Case SUP-21-004 (Aloft Alcohol On-Premises) a. Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive. b. Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 96 Trophy Club Drive. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: Aloft Hotel is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town’s Code of Ordinances. The property’s zoning of Planned Development No. 30 (PD-30) does not restrict the sales of alcoholic beverages beyond the regulations of Town Code and State Law. As shown in Exhibit B, Aloft is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Mixed Beverage Restaurant Permit (RM) and a Mixed Beverage Late Hours Permit (LB) which will allow for the sale and consumption of wine, beer, and liquor on the premises and during late hours (12 midnight – 2 AM). Town Code does not restrict hours of operation beyond TABC’s regulations. Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) Page 2 of 2 describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Aloft complies with Town and State requirements, as the closest church (Fellowship United Methodist Church) is approximately 1,280 feet away, the closest public school (Lakeview Elementary School) is approximately 1.33 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,065 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 4.25 miles away. The nearby Baylor Scott & White Medical Center – Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on-site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Notice of a public hearing was distributed as required by State Law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on May 6, 2021 and unanimously recommended approval. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Exhibit A – Location Map • Exhibit B – TABC Application (Pages 1 & 2 Only) Exhibit A Page 1 of 2 To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Wade Carroll, Acting Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-21-005 Town Council Meeting, May 25, 2021 Agenda Item: Case SUP-21-005 (Aloft Alcohol Off-Premises) a. Conduct a Public Hearing regarding a request made by Aloft Hotel for a Specific Use Permit for alcoholic beverage sales for off-premises consumption to be sold from the Aloft market, located at 96 Trophy Club Drive. b. Take appropriate action regarding a request made by Aloft Hotel for a Specific Use Permit for alcoholic beverage sales for off-premises consumption to be sold from the Aloft market, located at 96 Trophy Club Drive. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: Aloft Hotel is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for off-premises consumption so that they may be able to sell wine and beer in the Aloft market, alongside snacks and toiletries, located inside the hotel. As shown in Exhibit B, Aloft is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Wine and Beer Retailer’s Off-Premise Permit (BQ) which will allow for the sale of unopened wine and beer to be consumed off-premises. If the Aloft market, specifically, is the only area in the hotel permitted under TABC’s BQ permit, which forbids on-premises consumption where alcohol is sold, then consumption remains legal throughout the rest of the hotel so guests can continue to bring alcoholic beverages of any kind into their hotel rooms, whether the alcohol is bought at the Aloft market or elsewhere. The property’s zoning of Planned Development No. 30 (PD-30) does not restrict the sales of alcoholic beverages beyond the regulations of Town Code and State Law. Page 2 of 2 Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Aloft complies with Town and State requirements, as the closest church (Fellowship United Methodist Church) is approximately 1,280 feet away, the closest public school (Lakeview Elementary School) is approximately 1.33 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,065 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 4.25 miles away. The nearby Baylor Scott & White Medical Center – Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on-site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Notice of a public hearing was distributed as required by State Law. To date, staff has not received any inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on May 6, 2021 and unanimously recommended approval. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Exhibit A – Location Map • Exhibit B – TABC Application (Pages 1 & 2 Only) Exhibit A Page 1 of 2 To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Wade Carroll, Acting Town Manager Leticia Vacek, Town Secretary/RMO Re: Case ME-21-001 Town Council Meeting, May 25, 2021 Agenda Item: Case ME-21-001 (Aloft Porte Cochere Sign) Take appropriate action regarding a request for a Meritorious Exception for a proposed porte cochere sign at Aloft Hotel within Planned Development No. 30, located at 96 Trophy Club Drive. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: Section 3.09.010 of the Town’s Code of Ordinances allows an interested party to make a request for a Meritorious Exception to the Planning & Zoning Commission and Town Council to consider a proposal that is nonconforming to the sign regulations, but may have obvious merit and may make a positive contribution to the visual environment. A request for a Meritorious Exception is necessary for the proposed porte cochere sign at Aloft Hotel because it does not fit into any of the sign categories within the Planned Development No. 30 (PD-30) Development Standards (Section II.H.1), such as freestanding development sign, sloped roof sign, hanging sign, or wall sign. As shown on Exhibits B & C, the 8 foot tall “aloft” channel letters will be welded to steel tubing at the end of the 18.5 foot tall porte cochere with 14 inch tall “HOTELS” channel letters mounted to the base. Exhibit A has a yellow rectangle shown inside the hotel property lines to illustrate that the porte cochere faces northwest toward the Bevan Apartment Homes, and Exhibit D includes photos of the proposed silver metal sign as it stands at other Aloft locations. The porte cochere is already constructed as approved on the site plan and building plans and the sign will be illuminated by focused lighting suspended from above. Page 2 of 2 Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on May 6, 2021 and unanimously recommended approval. Staff Recommendation: Staff recommends approval of the Meritorious Exception. Attachments: • Exhibit A – Location Map • Exhibit B – Sign Elevation • Exhibit C – Sign Details • Exhibit D – Sign Photos Exhibit A +/- 225'-0"+/- 74'-2"Northwest (Front) Elevation Facing Bevan Apartment Homes 18'-6" tall porte cochere with 8'-0" "aloft" channel letters welded to steel tubing and 14" "HOTELS" channel letters mounted to base Exhibit B 116 0410548A MD/TB AC 10/29/20 ALOFT 96 Trophy Club DR. Trophy Club,TX 24'-4" 11'-9" Sign Type A3 - Porte Cochere ID - Front Elevation (typical) Exhibit C Exhibit D Page 1 of 2 To: Mayor and Town Council From: Lisa Payne, Town Planner CC: Wade Carroll, Acting Town Manager Leticia Vacek, Town Secretary/RMO Re: Case PP-21-001 Town Council Meeting, May 25, 2021 Agenda Item: Case PP-21-001 (The Aspen Estates at Trophy Club) Take appropriate action regarding a request for a preliminary plat containing 3.370 acres of land located south of Trophy Club Drive, approximately 230 feet east of Bobcat Boulevard and approximately 20 feet west of Mossman Lane. Strategic Link: Nature & Beautification – Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. Background and Explanation: The subject property was formerly used as a gas well site (#8-H), but the wells were plugged several years ago. The property owner would now like to develop the property as a single family subdivision consisting of 7 residential lots and 2 HOA lots with a cul-de-sac street dedicated as right-of-way (ROW). The proposed preliminary plat is located in the R-12 Single Family zoning district which requires minimum 12,000 sf lots. It also calls for 25 foot front setbacks, 25 foot rear setbacks, and 10 foot side setbacks (20 feet adjacent to a side street), as well as 90 foot wide lots when measured at the front building line (110 feet adjacent to a side street) and 110 foot deep lots (100 feet for a cul-de-sac or corner lot). The applicant has complied with all of the R-12 requirements. The Aspen Estates HOA will be created and responsible for a masonry screening wall, signage, and landscaping along Trophy Club Drive and the entrance into the subdivision, which will be outlined in the Subdivider’s Agreement. Also included will be language referencing the Parkland Dedication ordinance that requires money paid to the Town in lieu of land due to the small size of the development. Page 2 of 2 The plugged gas well heads are located under the proposed street’s ROW and there is no distance requirement between a plugged (nonproducing) well head and a residence. The applicant has provided documentation from the Railroad Commission of Texas indicating the plugging of the wells in March of 2015. The applicant provided staff with a preliminary drainage plan with lots graded to drain towards the street. The preliminary utility plan proposes an 8 inch water line and an 8 inch sanitary sewer line extending the length of the proposed street and connecting to the existing water and sanitary sewer lines in Trophy Club Drive’s ROW. These preliminary plans have been approved by the Town’s 3rd party engineer, but full civil plans will be required before a final plat is approved. In addition, it still needs to be determined through what entity the utilities will be provided before a final plat can be submitted. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Planning & Zoning Commission Recommendation: The P&Z Commission considered this item on May 6, 2021 and unanimously approved the preliminary plat. Staff Recommendation: Staff recommends approval of the preliminary plat. Attachments: • Exhibit A – Location Map • Exhibit B – Preliminary Plat N Exhibit A TROP H Y C L U B D R I V E MOSSMAN LANE J. Henry Survey, Abstract No. 529 R. Allen Survey, Abstract No. 17 ROAD A P.O.B. TROP H Y C L U B D RI V E (SLIP R O A D E )G:\TXN\Projects\Scott Beck\8484-00-Trophy_Club_Site_8H\SV\04_Finals\8484-00_PPLT.dwg 2021-04-22-10:29 rsilvas6030150 SCALE: 1" = 30' (NOT TO SCALE) VICINITY MAP GENERAL NOTES: 1. Bearing system for this survey is based on the Texas State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, adjustment realization 2011. 2. The floodplain boundaries are not shown hereon. The subject tract lies with Zone X as delineated on Flood Insurance Rate Map for Denton County, Texas and Incorporated Areas, Map Number 48121C0515G with Map Revised April 18, 2011. Zone X - Areas determined to be outside the 0.2% annual chance floodplain 3. The Town or MUD, as applicable, shall issue no permit until the completion of all dedicated improvements, and acceptance of such improvements associated with the subdivision, are approved by the Town. 4. The Aspen Estates at Trophy Club HOA shall be responsible for the operation and maintenance of any commonly held property including but not limited to open space, landscaping, screening wall and releases the Town of Trophy Club from such responsibility. Should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements. 5. Selling a portion of this addition by metes and bounds is a violation of Town ordinance and State law and is subject to fines and withholding of utilities and building permits. 6. This plat does not alter or remove existing deed restrictions, if any, on this property. 7. Minimum finished floor elevations are at least 18 inches above the 100 year flood plain. 8. Lots 8X and 9X are H.O.A. Open Space lots. 9. The purpose of this plat is to subdivide an unplatted tract into 7 single family lot and 2 open space lots. 777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPLS Registration No. 10194416 Tel: 817-887-6130 ●www.bgeinc.com Copyright 2020 Contact: René Silvas, R.P.L.S. Telephone: (817) 752-4183 —Email: rsilvas@bgeinc.com SURVEYOR NUMBERNO. PAGEPG. POINT OF BEGINNINGP.O.B. PLAT RECORDS DENTON COUNTY, TEXAS P.R.D.C.T. PROPERTY LINE EASEMENT LINE LEGEND SET BACK LINE CABINETCAB. PRELIMINARY PLAT THE ASPEN ESTATES AT TROPHY CLUB 9 TOTAL LOTS 7 RESIDENTIAL LOTS LOTS 1-7, BLOCK A 2 OPEN SPACE LOTS LOTS 8X & 9X, BLOCK A BEING 3.370 ACRES OUT OF THE J. HENRY SURVEY, ABSTRACT NO. 529 AND THE R. ALLEN SURVEY, ABSTRACT NUMBER 17 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS APRIL 2021 INSTRUMENT NUMBERINST. NO. Project No.8484-00 | JMH/RS | Sheet 1 of 2 OWNER C OIL INVESTMENTS, LTD. 13101 Preston Road, Suite 510 Dallas, TX 75240 Exhibit B G:\TXN\Projects\Scott Beck\8484-00-Trophy_Club_Site_8H\SV\04_Finals\8484-00_PPLT.dwg 2021-04-22-10:29 rsilvas777 Main Street, Suite 1900, Fort Worth, TX 76102 BGE, Inc. TBPLS Registration No. 10194416 Tel: 817-887-6130 ●www.bgeinc.com Copyright 2020 Contact: René Silvas, R.P.L.S. Telephone: (817) 752-4183 —Email: rsilvas@bgeinc.com SURVEYOR OWNER'S DEDICATION That, C OIL INVESTMENTS, LTD., does hereby adopt this plat designating the hereabove described real property as The Aspen Estates at Trophy Club, an addition to the town of Trophy Club, Denton County, Texas, and do hereby dedicate to the public's use forever the streets and easements shown thereon. WITNESS, my hand this the _____ Day of ___________________ , 2021. BY: _______________________________ NAME: TITLE: STATE OF TEXAS § COUNTY OF _______________________ § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared _______________________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _____ day of ___________________ , 2021. ______________________________________________ Notary Public, The State of Texas My Commission Expires _____________________________ SURVEYOR'S CERTIFICATE That I, RENÉ SILVAS, do hereby certify that i prepared this plat from an actual and accurate survey of the land and that the corner monuments shown therein were properly placed under my supervision in accordance with the subdivision regulations of the Town of Trophy Club. Dated this the _____ Day of ___________________ , 2021. _______________________________________ RENÉ SILVAS Registered Professional Land Surveyor No. 5921 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared René Silvas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considerations therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ____ Day of ___________________ , 2021. ____________________________________________ Notary Public, The State OF Texas My Commission Expires _____________________________ UTILITY CERTIFICATE THE UNDERSIGNED UTILITY HAS REVIEWED THE FINAL PLAT AND IS IN AGREEMENT WITH THE LOCATION OF ALL EASEMENTS AND RIGHTS- OF -WAY SHOWN ON THE PLAT. CHARTER COMMUNICATIONS ONCOR ELECTRIC DELIVERY AT&T ATMOS ENERGY CORPORATOIN TRPOHY CLUB M.U.D. TOWN COUNCIL & PLANNING AND ZONE COMMISSION APPROVAL APPROVED: _____________________________________ TOWN OF TROPHY CLUB DENTON COUNTY, TEXAS BY:, MAYOR ATTEST:, TOWN SECRETARY ATTEST:, PLANNING AND ZONING COMMISSION CHAIRMAN OWNER'S CERTIFICATE BEING, all of that 3.370 acre (146,787 square foot) tract of land situated in the J. Henry Survey, Abstract Number 529 and in the R. Allen Survey, Abstract No. 17, in the Town of Trophy Club, Denton County, Texas; being part of that tract of land described as Tract 8A in Special Warranty Deed to Beck Properties Trophy Club, L.P. as recorded in Document Number 93-R0087516 of the Deed Records of Denton County, Texas; and being all of that tract of land described in General Warranty Deed to C Oil Investments, Ltd. as recorded in Instrument Number 2005-15420 of the Official Records of Denton County, Texas; said 3.370 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8-inch iron rod set with BGE cap in the south line of Trophy Club Drive (a 90-foot wide right-of-way); said point being the northeast corner of Lot 45, of The Highlands at Trophy Club Neighborhood 2 - Phase 1B, an addition to the Town of Trophy Club as recorded in Cabinet Y, Page 321 of the Plat Records of Denton County, Texas; THENCE, in a northeastern direction, along said curve to the right, an arc length of 573.90 feet, having a radius of 1,040.00 feet, a central angle of 31° 37' 03", and a chord which bears North 74° 16' 06" East, 566.65 feet to a 5/8-inch iron rod set with “BGE” cap, said point being the northwest corner of Lot 46, of said Highlands of Trophy Club; THENCE, South 21° 39' 25" East, along west line of said Lot 46, a distance of 204.72 feet to a 5/8-inch iron rod set with “BGE” cap, said point being the southwest corner of Lot 36, and in the north line of Lot 13, Block Y of said Highlands of Trophy Club; THENCE, South 68 degrees 20 minutes 35 seconds West, along the north lines of Lots 13 thru 19, a distance of 563.62 feet to a 5/8-inch iron rod set with “BGE” cap, said point being a north corner of said Lot 19, and the south east corner of Lot 35 of said Highlands of Trophy Club; THENCE, North 21° 39' 25" West, along the east line of said Lot 35, a distance of 263.22 feet to the POINT OF BEGINNING and containing an area of 3.370 acres or 146,787 square feet of land, more or less. PRELIMINARY PLAT THE ASPEN ESTATES AT TROPHY CLUB 9 TOTAL LOTS 7 RESIDENTIAL LOTS LOTS 1-7, BLOCK A 2 OPEN SPACE LOTS LOTS 8X & 9X, BLOCK A BEING 3.370 ACRES OUT OF THE J. HENRY SURVEY, ABSTRACT NO. 529 AND THE R. ALLEN SURVEY, ABSTRACT NUMBER 17 TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS APRIL 2021 OWNER C OIL INVESTMENTS, LTD. 13101 Preston Road, Suite 510 Dallas, TX 75240 Project No.8484-00 | JMH/RS | Sheet 2 of 2 Exhibit B Page 1 of 4 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Wade Carroll, Acting Town Manager Leticia Vacek, Town Secretary/RMO Re: Town of Trophy Club Community Pool Town Council Meeting, May 25, 2021 Agenda Item: Consider and take action regarding Parks and Recreation Board recommendation for non- resident use at the Town Community Pool facility. (T. Jaramillo) (S. Norwood). Strategic Link: Infrastructure and Development – Maintain and improve all Town infrastructure. Administrative & Financial Services: Exercise fiscal discipline in all Town Operations. Background and Explanation Costs to maintain the Community Pool exceed the revenue that we receive from entry fees. The average pool expense per season is approximately $200,000. The Community Pool Facility revenue has decreased since 2016, which is when we stopped offering non-residents use of the facility. A solution was presented to the Parks and Recreation Board at the April 29, 2021 Board Meeting to better reflect cost recovery for the Town’s Community Pool Facility. The following two proposed revision(s) to the Community Fees Schedule are options that will assist in offsetting annual expenditures. The following two proposed revisions provide a detailed description of potential pool revenue. Page 2 of 4 Financial Considerations: Option “A” – Allow non-resident passes for additional revenue Prior to 2016 we charged $150 per Family Pass for non-residents; if we charged $200 per Family Pass, we would see a potential of $53,400 additional revenue annually. The second spread sheet provides what the non-resident fee schedule would be with an approximate 50 percent increase per category; with a differential fee system compared to Trophy Club residents. Entry Fees Family Pass Non-Resident TOTAL 2014 Resident & Non-Resident $110,604.00 $110,604.00 2015 Resident & Non-Resident $105,261.00 $105,261.00 2016 Resident $67,293.00 $53,400.00 $120,693.00 2017 Resident $71,559.00 $53,400.00 $124,959.00 2018 Resident $65,408.00 $53,400.00 $118,808.00 2019 Resident $63,089.00 $53,400.00 $116,489.00 Page 3 of 4 Proposed differential resident versus non-resident future fee schedule. Fees Resident Non-resident Daily Individual Rate $4.00 $8.00 Individual Season Pass $25.00 $50.00 Family Pass (5 passes) $75.00 $150.00 Additional Family Members $10.00/member $20.00/member Guest Pass $20.00/guest N/A Single Entry Guest Pass $4.00/guest N/A Local Business Group Rate $3.00/user N/A Large Pool Rental $300.00 $350.00 Spray Pad Rental (Friday p.m. and Saturday and Sunday) $300.00 $350.00 Spray Pad Rental Monday through Friday a.m.) $225.00 275.00 Pavilion Reservation $100.00 N/A Community Pool Complex Rental $700.00 $790.00 Option “B”- increase entry fees and rentals for residents This option provides entry fee revenue for residents only from 2016 – 2019 and potentially the amount of revenue if 25 percent was added to the Entry Fees during the same years. Page 4 of 4 Fees Resident Nonresident Daily Individual Rate $4.00 $5.00 N/A Individual Season Pass $25.00 $30.00 N/A Family Pass (5 passes) $75.00 $95.00 N/A Additional Family Members $10.00/member $12.50 N/A Guest Pass $20.00/guest $24.00 N/A Single Entry Guest Pass $4.00/guest $5.00 N/A Local Business Group Rate $3.00/user $4.00 N/A Large Pool Rental $300.00 $375.00 N/A Spray Pad Rental (Friday p.m. and Saturday and Sunday) $300.00 $375.00 N/A Spray Pad Rental Monday through Friday a.m.) $225.00 $285.00 N/A Pavilion Reservation $100.00 $125.00 N/A Community Pool Complex Rental $700.00 $875.00 N/A Legal Review: Not applicable Board/Commission/ or Committee Recommendation: The Parks and Recreation Board made the recommendation to allow non-residents to purchase memberships to the Town’s Community Pool at the April 29, 2021 Board meeting. Staff Recommendation Staff recommends allowing non-residents to purchase memberships to the Town’s Community Pool with a differential fee system compared to residents (Option “A”). Staff recommends that only fees associated with non-resident admission be implemented beginning this summer and resident fee increased in FY-22 budget year. Attachments: • Community Pool Revenue versus Expense Power Point Presentation To: Mayor and Town Council From: Wade Carroll, Acting Town Manager CC: Leticia Vacek, Town Secretary Re: Review Ordinance 2021-11 amending various Fee Schedules for the Town of Trophy Club Date: May 25, 2021 Agenda Item: Take appropriate action regarding Ordinance 2021-11 amending various Fee Schedules for the Town of Trophy Club. (W. Carroll) Strategic Link: Administrative & Financial Services: Exercise fiscal discipline in all Town Operations. Background and Explanation: Staff is seeking direction and approval to amend the Town’s Code of Ordinances; specifically Appendix A, Fee Schedule. All departments completed a review of fees charged by the Town of Trophy Club within approved Town Ordinances. The changes being proposed to the fee schedule are changes that align with neighboring cities and allow for cost recovery. Financial Considerations: Annual adjustments to be implemented. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends that the fee schedule be reviewed for necessary adjustments annually and that proposed changes to Appendix A, Fee Schedule of the Town of Trophy Club Code of Ordinances be approved. Attachments: • Ordinance 2021-11 Page 1 of 8 ORD 2021-11 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SECTION A1.003 COMMUNITY DEVELOPMENT DEPARTMENT, SECTION A1.011 POLICE DEPARTMENT, AND SECTION A1.012 PARKS AND RECREATION AND SPECIAL EVENTS OF ARTICLE A1.000, GENERAL PROVISIONS, OF APPENDIX A, FEE SCHEDULE, AND CHAPTER 1, GENERAL PROVISIONS, SECTION 1.08.098 USAGE FEES AND SECTION 1.08.121 APPLICATION OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO UPDATE FEES; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, fees imposed by the Town are adopted via Ordinance and are codified in Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances; and WHEREAS, having reviewed the proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and WHEREAS, the Town Council hereby finds that amending Section A1.003 Community Development Department, A1.011 Police Department, and Section A1.012 Parks and Recreation and Special Events of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances as further specified herein serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS Page 2 of 8 ORD 2021-11 2.01 Subsection (b), (c), and (m) of Section A1.003, Community Development Department, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS … Sec. A1.003 Community Development Department … (b) Apartment complex license: (4) Reinspection: $85.00 $100.00 (c) Building (commercial): TABLE 1 - COMMERCIAL BUILDING PERMIT FEE $1,000,000.01 and up $12,030.00 for the first $1,000,000 plus $3.30 6.60 for each additional $1,000.00 or fraction thereof (m) Inspections: (2) Reinspection fee: $85.00 100.00 first reinspection; $150.00 each additional reinspection. 2.02 Section A1.011, Police Department, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: APPENDIX A FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS Sec. A1.011 Police Department (m) Special events personnel fee is $50.00 per hour per person for a minimum of 4 hours. In addition, there is a $20.00 per hour vehicle fee for personnel. 2.03 Subsection (e) of Section A1.012, Parks and Recreation and Special Events, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of Ordinances are hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: APPENDIX A FEE SCHEDULE Page 3 of 8 ORD 2021-11 ARTICLE A1.000 GENERAL PROVISIONS Sec. A1.012 Parks and Recreation and Special Events (1) Harmony park pavilion rental (4-hr): (A) Resident: $50.00. (B) Nonresident: $100.00. (2) Independence Park fees per hour (residents only): Multi-use field #2 - with lights (two-hour increments) $50.00. (3) Tournament fees: (A) TCRYBA baseball tournament gate fees (per team): $175.00. (B) TCRYBA tournament overflow game fee (per game): $125.00. (4) Tournaments outside of those sponsored by the TCRYBA will be charged according to the town's special event application and tournament agreement. (5) Tournament qualifier generally a 1–3 day tournament. (A) Tournament fee: $9,500.00 MIN includes the first 50 teams; gate fee is $125.00 per team for each team over the initial 50. Payment for tournament fees is due ten (10) working days after conclusion of each tournament. (B) Deposit of $2,000.00 is due when this agreement is executed. (C) All overflow tournaments will be based on 0–50 games @ $125.00/game, plus 51 or more games will be an $85.00/game fee. (Example - 63 game overflow weekend, 50 games x $125.00 = $6,250.00 plus 13 games x $85.00 = $1,105.00 - grand total = $7,355.00). (6) National tournament is a 4 or more day tournament: (A) Tournament fee $4,000.00 per day at Independence Park (east and west) Ballfield Complex and $2,200.00 per day at Independence Park West and/or $1,700.00 per day at Independence Park East. There will be no gate fee. Payment for tournament fees is due ten (10) working days after conclusion of each tournament. Page 4 of 8 ORD 2021-11 (B) Deposit of $2,000.00 is due when the town's tournament agreement is executed. (e) Trophy Club Park. Residents Non-Residents General vehicle entry $2.00 $5.00 ATV/OHV – Monday – Friday ATV/OHV – Saturday – Sunday $15.00 $25.00 $15.00 $30.00 ATV/OHV pass (10 visits)$130.00 $175.00 Side x side per OHV - Resident $15.00 Side x side per OHV - Non-resident $25.00 Side x side pass - 10 visits - Resident $130.00 Side x side pass - 10 visits - Non-resident $230.00 Boat entry Annual pass (for entry fee only) $5.00 $10.00 $50.00 $75.00 Horse entry $3.00 $3.00 Resident vehicular annual pass $10.00 $10.00 Nonresident vehicular annual pass $20.00 $40.00 Large pavilion rental (4 hours) resident $50.00 $50.00 Large pavilion rental (4 hours) non-resident $100.00 $100.00 Replacement pass $5.00 $10.00 A replacement pass may be purchased in the event that (1) an annual pass is damaged, or (2) the vehicle for which the pass is issued is damaged or sold, or (3) ownership of the vehicle is otherwise transferred, and (4) the old pass is removed from the vehicle and returned either in whole or in part. A partial annual pass is sufficient to allow the issuance of a replacement pass if the salvaged portion of the pass contains either all or a portion of the registration number on the original pass. The cost of such replacement pass shall be $5.00 for residents and $10.00 for non-residents to cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to return the old pass, either in whole or in part, and a new pass is requested, then such applicant shall be required to purchase a new pass at full price. 2.04 Subsection (a) of Section 1.08.098 Usage fees, of Chapter 1 General Provisions, Article 1.08 Parks and Recreation, of the Town of Trophy Club Code of Ordinances are Page 5 of 8 ORD 2021-11 hereby amended as follows and all other subsections not expressly mentioned hereafter shall remain the same: CHAPTER 1 GENERAL PROVISIONS ARTICLE 1.08 PARKS AND RECREATION SECTION 1.08.098 USAGE FEES (a) The following fees shall be collected from park users as applicable: (1) Daily park entrance/boat launch: $3.00 per vehicle. General vehicle entry $2.00 for residents and $5.00 for non-residents. (2) Boat launch in addition to General Vehicle Entry - $5.00 for residents and $10.00 for non-residents. Additional fees: $5.00 for each additional ATV, motorcycle, motor- driven cycle or moped not being the primary mode of conveyance. (3) Special event permit fee: To be determined by the town council. $50.00 (4) Security fee: $25.00 per hour per police officer. Special events personnel fee is $50.00 per hour per person for a minimum of 4 hours. In addition, there is a $20.00 per hour vehicle fee for personnel. (5) Annual pass (for entry fee and boat launch only): $75.00 per year for nonresidents of the town; $50.00 per year for residents and other categories of users as approved by the town council. In the event that there is a conflict between the fee charged in this division and the fee charged in the schedule of fees ordinance, the amount specified in the fee ordinance shall control the fees charged for Trophy Club Park. The annual pass is valid from January 1 to December 31 of the year in which it is issued regardless of the month in which the pass is actually purchased. The annual pass shall be displayed at all times on the vehicle for which it was issued in accordance with the applicable instructions for attachment. (6) A replacement pass may be purchased. A replacement pass may be purchased in the event that (i) an annual pass is damaged, or (ii) the vehicle for which the pass is issued is damaged or sold, or (iii) ownership of the vehicle is otherwise transferred, and (iv) the old pass is removed from the vehicle and returned either in whole or in part. A partial annual pass is sufficient to allow the issuance of a replacement pass if the salvaged portion of the pass contains either all or a portion of the registration number on the original pass. The cost of such replacement pass shall be $5.00 for residents and $10.00 for nonresidents to cover costs of voiding the old pass and issuing a new pass. If an applicant is unable to return the old pass, either in whole or in part, and a new pass is requested, then such applicant shall be required to purchase a new pass at full price. (b) Notwithstanding any provision in this division establishing a fee, in the event of a conflict between the amount of the fee specified in this division and the amount of the fee specified in the Page 6 of 8 ORD 2021-11 most recent schedule of fees adopted by the town council, the amount specified in the most recent schedule of fees shall control and shall be due and payable as a condition of use. Sec. 1.08.121 Application (a) A person wishing to conduct a special event or engage in an organized activity within the park for which a permit is required by title 36, ordinance, rule, regulation, or policy shall file an application with the town designee and pay the fees as set forth herein. (b) Permit applications for organized events or activities to be held within the park shall at a minimum provide the following information: (1) The name, address, and telephone number of the applicant. If the use or activity is to be conducted for, on behalf of, or by any person or organization other than the applicant, then the name, address and telephone number of that person or organization must be provided; (2) The date(s) and hours for which the permit is requested; (3) Type of proposed use or activity; (4) The portion of the park facility desired to be used to conduct the proposed use or activity; (5) An estimate of the anticipated attendance; and (6) Any requested site support for the permitted activity, including the need for additional sanitary and refuse facilities. (c) Permit applications for events or activities pursuant to this section shall be filed with the town designee for consideration not less than ten (10) sixty (60) business days for large events and not less than thirty (30) business days for small events nor more than three hundred sixty- five (365) days before the date of the proposed use or activity, except as otherwise provided by title 36, town ordinance, rule, regulation, or policy, or if waived in writing by the town designee. The town designee shall evaluate the application and render a decision in accordance with the procedures set forth in this division within ten (10) forty five (45) thirty (30) business days of receipt of such request. (d) If the town designee determines that anticipated attendance at the activity or the conduct of the permitted activity shall reasonably cause injury to persons or property, or be detrimental to the health, safety or welfare of the public, the town designee shall require that additional security Page 7 of 8 ORD 2021-11 precautions be taken to permit the use of the designated area. In such event, the town designee shall impose a security fee as specified herein to defray the cost of furnishing adequate security forces by the town at the proposed function. (Ordinance 2002-45, sec. 10, adopted 12/16/02; Ordinance 2003-06, sec. 10, adopted 4/7/03; 2006 Code, ch. 9, sec. 2.09) SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.013 of the Texas Local Government Code. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be Page 8 of 8 ORD 2021-11 fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 1425th day of January 2020 May 2021. Alicia Fleury , Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, Town Secretary TRMC/CMC/MMC Town of Trophy Club, Texas Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas